Are we as bad as Canada - yep!

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

Are we as bad as Canada - yep!

Post by bladeracer » 01 Aug 2017, 1:56 am

http://thechronicleherald.ca/novascotia/1487818-break-in-suspect-shot-man-in-home-charged

Three blokes smash their way into a house. Two residents defend themselves and manage to take a gun off them.
Then they fire shots as the bad guys leave.
And then get charged for lots of offences!

"A man is charged with attempted murder and a raft of firearms offences after helping fend off home invaders, one of whom he’s now charged with shooting.
Kyle Earl Munroe was arrested on July 12 after RCMP and Halifax Regional Police responded to a report of a home invasion involving firearms at a home in Porters Lake.
Police said that three men entered the residence with guns and a struggle took place with two men inside.
The two in the home seized a firearm from one of the suspects and several shots were fired as the suspects fled. Police later located one of the suspects, who had non-life-threatening gunshot wounds.
Munroe faces charges of attempted murder, intent to discharge a firearm, intent to discharge a firearm when being reckless, careless use of a firearm, improper storage of a firearm, pointing a firearm, possession of a weapon for a dangerous purpose, unauthorized possession of a firearm, possession of a firearm knowing that possession is unauthorized, and possession for the purpose of trafficking."
Practice Strict Gun Control - Precision Counts!
User avatar
bladeracer
Field Marshal
Field Marshal
 
Posts: 12681
Victoria

Re: Are we as bad as Canada - yep!

Post by No1Mk3 » 01 Aug 2017, 6:35 am

Shot in the back by the way this article is written. On that basis, as the thugs were fleeing there was no threat to the home occupier so the shooting was not justified, and the same would happen in most, if not all, US States. More to this than the media are letting on also, look at that last charge, "trafficking", you don't get that by taking a gun off an intruder but for other "activities".
No1Mk3
Second Lieutenant
Second Lieutenant
 
Posts: 2100
Victoria

Re: Are we as bad as Canada - yep!

Post by Daddybang » 01 Aug 2017, 6:47 am

Sounds like someone tried to rip off the local drug dealer and got shot?
This hard living ain't as easy as it used to be!!!
Daddybang
Second Lieutenant
Second Lieutenant
 
Posts: 2012
Queensland

Re: Are we as bad as Canada - yep!

Post by Gwion » 01 Aug 2017, 9:50 am

No1Mk3 wrote:Shot in the back by the way this article is written. On that basis, as the thugs were fleeing there was no threat to the home occupier so the shooting was not justified, and the same would happen in most, if not all, US States. More to this than the media are letting on also, look at that last charge, "trafficking", you don't get that by taking a gun off an intruder but for other "activities".


This.... ^^^^
User avatar
Gwion
Colonel
Colonel
 
Posts: 3978
-

Re: Are we as bad as Canada - yep!

Post by Gwion » 01 Aug 2017, 9:51 am

Daddybang wrote:Sounds like someone tried to rip off the local drug dealer and got shot?


And this..... ^^^^^
User avatar
Gwion
Colonel
Colonel
 
Posts: 3978
-

Re: Are we as bad as Canada - yep!

Post by WatchyShooter » 01 Aug 2017, 12:23 pm

Gwion wrote:
Daddybang wrote:Sounds like someone tried to rip off the local drug dealer and got shot?


And this..... ^^^^^


Yeah really sounds like there’s something that’s up that as usual the media will omit for awhile.

Shooting intruders while their fleeing has always been something that toes the line of self defence or assault
Firearm-less LAFO!
New shooter, guns to come soon!
WatchyShooter
Lance Corporal
Lance Corporal
 
Posts: 141
South Australia

Re: Are we as bad as Canada - yep!

Post by Gwion » 01 Aug 2017, 1:38 pm

WatchyShooter wrote:
Gwion wrote:
Daddybang wrote:Sounds like someone tried to rip off the local drug dealer and got shot?


And this..... ^^^^^


Yeah really sounds like there’s something that’s up that as usual the media will omit for awhile.

Shooting intruders while their fleeing has always been something that toes the line of self defence or assault


There is absolutely no question about it, pursuing and attacking (this includes firing upon) someone who is fleeing is in no way self defence.
The only way it could even remotely be seen as self defence is if you could reasonably prove that you were in real fear for your life and that the only way you could stop them from returning to kill you was to kill them then and there; very very precarious argument but has been done. Shooting or attacking a fleeing person out of retaliation or revenge is plain and simple assault (or in extreme cases, muder) with no excuse of self defence. Remember that any attack is an assault it is just that self defence is considered a lawful excuse for the assault.

Not a lawyer. Not legal advice. As a long time martial artist it behooves me to know a little something about the legal use of force.
User avatar
Gwion
Colonel
Colonel
 
Posts: 3978
-

Re: Are we as bad as Canada - yep!

Post by WatchyShooter » 01 Aug 2017, 1:43 pm

Gwion wrote:
WatchyShooter wrote:
Gwion wrote:
Daddybang wrote:Sounds like someone tried to rip off the local drug dealer and got shot?


And this..... ^^^^^


Yeah really sounds like there’s something that’s up that as usual the media will omit for awhile.

Shooting intruders while their fleeing has always been something that toes the line of self defence or assault


There is absolutely no question about it, pursuing and attacking (this includes firing upon) someone who is fleeing is in no way self defence.
The only way it could even remotely be seen as self defence is if you could reasonably prove that you were in real fear for your life and that the only way you could stop them from returning to kill you was to kill them then and there; very very precarious argument but has been done. Shooting or attacking a fleeing person out of retaliation or revenge is plain and simple assault (or in extreme cases, muder) with no excuse of self defence. Remember that any attack is an assault it is just that self defence is considered a lawful excuse for the assault.

Not a lawyer. Not legal advice. As a long time martial artist it behooves me to know a little something about the legal use of force.


Very well said, shooting a robber who’s just come to steal as they are running away shouldn’t be considered self defence, but now if they’d broken in for other reasons, home invasion, targeted attack, shooting for fear of retaliation or another “prepared” attack is usually warranted.

Is always a case by case thing, like the AUS farmer who blew the kids legs off as he was trying to run, and shot at his mate who had left him and fled, the farmer got off free
Firearm-less LAFO!
New shooter, guns to come soon!
WatchyShooter
Lance Corporal
Lance Corporal
 
Posts: 141
South Australia

Re: Are we as bad as Canada - yep!

Post by AusTac » 01 Aug 2017, 3:24 pm

If you've made the decision to pull the trigger your doing so to deal with a threat, a fleeing crim isn't a threat
Certified part time hillbilly
User avatar
AusTac
Warrant Officer C2
Warrant Officer C2
 
Posts: 1171
-


Back to top
 
Return to Victorian gun laws